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The Punjab and Haryana High Court has dismissed a petition filed to “free” a 12 -year -old boy from his mother living in Australia. The court said that no parents can be convicted for the kidnapping of their own child, as both parents are natural parents similar to the child. The court said that after studying Section 361 of the Indian Penal Code and Section 6 of the Hindu Minorities and Protection Act, 1956, it is clear that in the definition of kidnapping it is necessary that the minor child is taken away from the protection of the “legitimate parent” and if both the parents are natural parents, the child may not be considered to be a kidnapping.
What was the matter?
The case was related to a petition filed by an uncle, a resident of Gurugram, in which he accused his sister -in -law (mother’s mother) of illegally capturing her minor nephew. The petitioner had requested the court to direct the state government to free the child from illegal protection of his mother. The petitioner said that on April 24, during the child’s father, who had gone to a conference in Belgium, his mother entered his office and stole the child’s passport and took the child with him and took him with him.
Court trend
The court heard the case seriously and dismissed the petitioner’s arguments, saying that both parents are the only natural parents as the child. The court also clarified that under the definition of kidnapping under Section 361 of the Indian Penal Code and Section 6 of the Hindu Minority and Protection Act, 1956, if a child was not excluded from the protection of a “legitimate parent”, he is not considered a kidnapping.
In addition, the court also said that it is important that both have equal rights and protection towards the child even if there is any dispute or disagreement between the parents and the dispute of the child by one guardian does not fall under the category of kidnapping. (Input- Bhasha)
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